Chandra Prakash Soni vs State Of Rajasthan

This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dated 02.05.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur (hereinafter to be referred as 'trial court') in Bail Application no.108/2019 (Sessions Case No.48/2019), whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.12/2018 of Police Station Banar, District Jodhpur City (East) for the offences punishable under Sections 323, 376, 384 and 420 IPC and Sections 3(1)(GHA), 3(1)(W) and 3(2)(V) and 3(2)(VA) of SC/ST Act.

Learned counsel for the appellant has submitted that the allegations levelled by the complainant in the FIR are false. Learned counsel for the appellant has argued that there is delay of around one month in filing the complaint against the appellant. It is submitted that as a matter of fact the prosecutrix is 30 years of age and was in relation with the appellant as per her own free will. It is submitted that the charge-sheet has been filed and the trial of the case will take time.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 02.05.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur in Bail Application no.108/2019 (Sessions Case No.48/2019) is set aside. It is directed that appellant - Chandra Prakash Soni S/o Tara Chand Soni shall be released on bail in connection with FIR No.12/2018 of Police Station Banar, District Jodhpur City (East) provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.